tv Eyewitness Noon News CBS November 14, 2011 12:00pm-12:30pm EST
>> they did eat and the food was so horrible that those ladies ate twice. >> okay. >> we did not. >> she said tell the truth. tell the truth. >> go on. >> these are the plaintiffs. they say they bought tickets from the defendant to see the temptations the review and they're guilty of false advertising. the tempts never showed up. they are out and are owed the money they are due. this is the defendant. he says he thinks the
plaintiffs drank a bit too much on the night of the concert and don't quite remember things correctly. the temptations were, in fact, there and did perform and these women can take them to court all they want because they're simply not right. he's accused of temptingngn audience. the defendant has filed a counter suit for $5,000 for belittling and disgracing him in front of an audience. >> all parties please raise your right hands. >> what you are about to witness is real. the participants are not actors. they are actual litigants with a case pending in civil court. both parties have agreed to drop their claims and have their cases settled here, before judge milian, in our forum, the peoples court. >> be seated. come to order, please. litigants have been sworn, your honor. >> thank you, douglas.
okay. you are suing david wilks for $2,600, $100 the cost of two tickets that you bought to a function of his and $2,500 in punitive damages. you are counterclaiming against him $5,000 for embarrassment and disgrace in front of patrons and belittling. okay. let's hear it. >> your honor, i saw an advertisement to see dennis edwards and the temptations revue. i called the defendant and we originally commissioned for two tickets at $50 each. >> and this was to see who? >> dennis edwards and the temptations. >> he was one of the original temptations? >> yes. >> how many of the temptations were going to be there? just him? and the revue? >> yes. he was the original and he hired other singers to be temptations revue. >> got it.
go ahead. >> when we got to the facility, we went in and we were there at 7:00. it started at 8:00. >> it was supposed to start at what time? >> 8:00. >> okay. >> we went in and sat and ordered our drinks and about -- >> did your ticket include drinks or you paid for that separate? >> that was extra. about 8:30 we had food and it was -- >> did your ticket include food? >> it included food and the show. the food was not that good. >> she's crazy. >> excuse me, sir. it will be your turn when it's your turn. you don't get to yell out she's crazy while you're testifying. >> the food was not that good. then we sat and we stayed there until 11:00 and we saw dennis edwards come in and we sat and sat for four hours. >> the show starts at 8:00 so what were you doing from 8:00 to 11:00?
>> they had nondescriptive acts which was -- >> what's nondescriptive acts? >> people who are unknown. one of them was his daughter, he said, and then they had a comedian who was extremely graphic and pornographic. and he had a poet and those acts came on. the comedian was on for at least about an hour. his daughter was on for about an hour and a half and the poet was also on for about an hour. >> what time did you think you were going to see the temptations? >> carol told me and she also has a copy of it, it was two shows. >> let me see. okay. what i have here that you've submited to the court is a printout of the advertisement for this event which says general admission, early show, 8:00 p.m. and general admission, late show, 11:00 p.m. okay. so now you're waiting and waiting and there's no 8:00
p.m. show. then what happened? >> at 11:00 i went to mr. wilks and i said, you know, we've been here. the temptations are not coming on. we had the meal. can you just give us $40 each? he said, no. the meal cost $25. i said, well, give us $25 each. then he sent me to his wife and they both said we're not giving you anything. so i said, well, we're calling the police. the officer was very nice. he came and took the information and then we left. >> what time did you leave? >> it was after 11:00. >> what did you see the name of -- what was the guy's name? >> dennis edwards. >> he sent the hostess out and she said to us, he's getting ready to come on now. >> so why didn't you just go see him? >> it was two shows you saw right there. we were not -- we weren't going to stay that long. i had a doctor's appointment the next day so i did not even
prepare to stay that long and he had stated about the food. the food was not at all up to par. he had boiled chicken so the food was not up to par whatsoever. >> let me hear from you. >> first of all, whenever you have a show and you say it's 8:00, it really starts at 8:00 because the people had to eat and sit down and get comfortable first so they did eat. and the food was so horrible, that those ladies ate twice. >> okay. >> we did not. >> she said tell the truth. >> go on. >> tell the truth. >> maybe there wasn't a lot of meat on that chicken's bones and they had to go back for a second helping. go ahead. >> i would like to point out everything they're saying is fabricated. >> go ahead. >> the main thing is that they're saying temptations were not there. i have video that they were
there. >> let's see it. >> you know she could have been a plaintiff. the testimony continues. >> they think that my show is not appropriate and that they want their money back and they're going to take me to the peoples court and -- >> wait. wait. seriously? they said that at the site? >> they did. >> you ladies told him, we're going to take him to peoples court? >> i never spoke to hi ó2gwgf
>> the plaintiffs bought tickets to see the temptations but they say it was totally false advertising. they called the cops. the defendant is about to present videotaped evidence the tempts performed. let's watch. >> can i tell you what you'll see? >> go ahead. >> they said that my daughter was on the show. my daughter is a great singer, probably the best in philadelphia. ♪
>> that was just a free plug for your daughter. she's good. you're right. what time does this go on? >> it went on between 10:30 and 10:45. >> they were complaining to you at 11:00. it didn't go on between 10:30 and 10:45, right? >> yes, it did. >> when were they complaining to you? >> right after my daughter went off. they were saying that the temptations weren't there and i said, yes, ma'am, they are here. she said, well, where are they? i said they're in the dressing room and coming out in about two minutes. she said i don't care if they're here or not. at this point, i want my money
back so keep $10 for the food and i'll tata $40. >> are the gentlemen with you moral support? >> they're witnesses. >> who is the fellow that came in shorts to see me? who is that? >> that's willie terez, the club owner. >> come on up, willie. what happened? were through that night? >> yes, ma'am. >> what time did the temptations come on? >> about 10:45. sfwl go ahead and step back. what's the other gentleman going to testify to? >> he was the stage manager that night. >> come on up. do you know what time the temptations came on? >> i clocked them about 10:25, 10:30. >> he says it was 10:45. >> there were two shows and then only ended up being one? >> there would have been two shows if everybody would have stayed until after 11:00 but once they saw the show, people started leaving. >> i agree with you when you buy a concert ticket for 8:00,
you don't expect the main act to come out at 8:00 but do you expect it to come on at 8:00, 8:30, 8:45, 9:00, 9:45, 10:00, 10:15. is it reasonable to assume that someone who came to see the temptations because my kids who stay up past a certain time do not know who they are. we're talking about people interested in the temptations so is it reasonable to expect them to have to wait until they come out -- i might have waited. if i was there already and i had three hours invested, might have waited but they're thinking we can't do that. we have to wake up early. when they say that, is it wrong for them to demand their money back? >> it's only wrong because they saw what was on the advertisement. there was more than just the temptations on there. >> i agree. >> so anybody who came there, they knew they were going to see them. >> i have a couple of letters
>> welcome back to peoples court. is it reasonable for the plaintiffs to have to wait two hours and 45 minutes before the tempts come on? >> i think that's a little long to wait. >> do they get their money back? >> no. >> why? >> because if they were told they were still going to be on, they shouldn't get their money back. >> do they get their money back? >> no. >> real quick, name a temptations song. you're making me feel so old. come on. name a temptations song. name a temptations song. my girl. have you heard my girl? going in the courtroom. >> did they show up a little late? >> yeah. >> i wouldn't say a little late. they weren't there at 8:00. they weren't going on at 8:00. >> let me ask you this. you have a counterclaim against them for $5,000. why is that? >> that is because defamation of character.
she yelled and screamed and cursed in front of the patrons and i did have people coming up to me saying, you normally have respectful people in your shows and your shows are normally very classy. now, these people who told my people that they were a bunch of -- and they were ghetto, they were acting that way. >> hold on one second. did you hear them say that? >> yes. >> they said that to you? >> yes. >> or they said that to your people? >> they said it to both. >> what did they say to you? what they said to your people would be hearsay unless your people are here to testify that. >> i do have letters where they -- >> okay. let me see the letters. what did they say to you? >> they said my show is not appropriate and they want their money back and they're going to take me to the peoples court. >> wait. wait. seriously? they said that at the site? >> they did. >> you ladies told him you're going to take him to peoples court? >> i never talked to him period. >> wait. wait. hold on.
roll back. >> your honor, i did tell him i was going to write a letter to this incident. i did say that. but i would never call anybody -- or use profanity. we're educated women. >> i would agree with them they were educated but they were drunk. >> let me see the submissions by the people that work for you. you have affidavits? >> a couple of letters and i also have a couple of sworn documents and also they said i had them talk to my wife. first of all, your honor, i don't even have a wife. secondly, the ladies they were talking to, i told her, don't listen to them. they're drunk. >> here's how i feel about this. okay? i feel that you have to return their $50. i don't think it's reasonable for them to expect the temptations will be on at 8:00 but i also don't think it's reasonable for them to have to wait until 10:45 to see them.
it's obvious what happened was that you decided on one performance instead of two so you negotiated something with them and that's fine but there's a cost of doing business like that. when there's one or two or three patrons who don't want to wait, those people deserve to get their money back whether they ate or didn't eat. at the end of the day, they wouldn't have bought a $25 chicken from you. how it is that you figure he has to pay you $2,500 in punitive damages is beyond me. it's a contract. you're saying they violated the contract. they breached it and so they owe you back your damages in the contract and it's not a punitive contract situation. this is stuff at happens in promotions sometimes and if they had done it that night, i certainly don't think you would have filed a lawsuit for $2,500. you're just angry at this point. you have a counterclaim for $5,000 for what you describe as embarrassment, disgrace in front of patrons and belittling. they deny the language was the way you say it was. in the statement, they said profanities. i don't know if that rises to
the level of $5,000. not that i don't know. that doesn't rise to the level of a $5,000 payment to you for embarrassment and disgrace in front of patrons. it's a free country. people can say what they want and they can be as vulgar as they want, if they were vulgar. you would have to show it as damaging your reputation. it cost you ticket sales or something like that. it sounds like nobody was listening to them. everybody was inside finally seeing the counterclaim. on your claim against them, zero. on your verdict against him, $50. >> all right. so come out of here. the defendant is coming into the hallway here with what reaction to the outcome? >> well, i didn't really like it. i like the judge so i don't mind but i didn't like it because those ladies didn't deserve any money back. if you go to see a movie and you leave halfway through the movie, you don't get money back. >> but the movie starts on time. >> so did the show.
>> the temptations was the show for the ladies. >> other people didn't demand their money back. it was a great show. >> the tempts were great? >> maria is the best thing in philadelphia. >> all right. head around the corner right there. good luck with everything. so come on. it's quite a lot of stuff going on in the courtroom. >> yes. it's unfortunate that he lied but, you know, there's a higher court also. his daughter, to me, i didn't go there to see her. to me she was not good. the profanity that was used by -- he got mixed up with his entertainment that he had which i actually went to sleep. >> you didn't like that? >> no. and the food was horrible. we went back twice. no. i don't eat garbage. and the club was garnl -- garbage also. >> were you drunk? >> no. i'm under doctor's care. i'm on medication. >> and i had one drink.
>> the judge does what's reasonable here and frankly, the judge felt it wasn't reasonable to wait almost three hours to get what you bargained for. litigants for the case on the way into the courtroom right now. this is the plaintiff. he says the defendant used to work for him and before she was fired, she refused to return the company issued laptop she had in her possession. when he confronted her, she claimed the laptop was stolen in an alleged burglary at her house. yeah. likely story. bottom line, she won't return company property and he is suing for the $2,915 he's owed. this is the defendant. she says the plaintiff is young, unprofessional and she doesn't appreciate being called a liar or a thief. once she told him the computer had been stolen, he withheld her pay. he had no right to do that because one thing has nothing to do with another and when she
told him that, he told her to shut the blank up and she began to cry. bottom line, she's happy her day in court has finally come. she knows she's going to be a winner here today. she's accused of coming out on a computer. the defendant has filed a counter suit for $1,500 for defamation of character. >> i would never steal anything from anybody so -- >> don't you think it's suspicious that he's telling you where is the computer? you're starting to know he's not happy with your performance. things aren't looking good. all of a sudden, the $2,900 computer isn't showing up at workday after day. look at that.
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there's no risk or obligation. call about the colonial penn program now. you'll be glad you did. >> welcome back to peoples court. the plaintiff says the defendant refused to return the company laptop when she left the employer but the defendant says the computer was stolen and besides, he was an abusive boss. it's the case of horrible bosses. >> thank you, douglas. okay. mr. pierre, doing business as computer service center? >> that's correct. >> you're suing your former employee ashley wellington for $2,915, the value of a dell computer that, according to you, the company gave her for work use and she's not returned to you. you're counterclaiming against him $1,500 for inconvenience of having your paycheck withheld
and defamation of character. what happened here? >> basically, i run a small computer repair facility in quincy, massachusetts. >> how long have you had the company? >> five years. >> and how long had she been working for you before all of this happened? >> seven months. >> okay. and before the seven months, had everybody been okay? >> everything was okay, i would say, for about five months. >> then what happened? >> the last two months basically her performance deteriorated. she kept on calling in, in and out of work all the time, basically with the biggest frustration happening that we were having a hiring seminar to hire another technician. arnly basically her job was to call all of the job candidates, schedule the appointments, everything. she did that great but the problem was that the days of the appointments, she would call out and i wouldn't have -- >> call out meaning call in sick? >> exactly. sick from work and basically just leave me there stranded. i don't know who is coming in, i don't know what's going on. >> wasn't it on your schedule?
>> it wasn't. >> it was supposed to be on your schedule. that's why she got to take it home. >> she got the laptop and if you have to take it home, you have to take it home. to tell me what's going on. the frustrations kept on piling up until basically mid april. >> okay. and then what happened in mid april? >> mid april, the 11th, everything basically was fine. she came in to work. laptop was there. tuesday the 12th, she said she forgot the laptop at home. i was -- bsically was the last straw. do you know what? i don't know why you have the laptop because you're not doing any work from home. so i tell her, like listen. i'm going to set up a desk top for you. bring the laptop back. wednesday we have more -- the hiring seminar again so we have the candidates coming in. guess what? ashley is not at work. >> she calls in sick again? >> again. >> why were you calling in sick so much? >> i was pregnant.
and i called in that i did have a period of time where there was -- probably a four-daytime period yug in. >> wednesday she doesn't show up for work. you're mad. what happened? >> so thursday she comes in and i'm like, hey, where is the computer? she said, oh, well, i didn't realize that you needed it back so soon. i'm lake, -- like, can you bring it in tomorrow? she said she was going to bring it in the next day. >> at this point i would be driving her to her house to get the computer. i would be suspicious. go on. >> i should have. that night i was actually in the office late and i get a text message from ashley. she says, wow. my house was broken into. if i don't have bad luck, i don't know who does. but i'll still be there tomorrow. don't worry. nothing about the laptop. friday, i come in around 3:00 i call and i say, ashley, where is the laptop? she's like, oh, i forgot it